Immigration Alerts

The UK Home Office has published its long-awaited policy paper on its proposed future skills-based immigration system, designed to replace freedom of movement for EU citizens after Brexit.

According to the proposal, EU (and EFTA) workers will be treated the same as non-European nationals under the existing Points-Based System, but with some amendments to the system following most of the recommendations of the Migration Advisory Committee (MAC) earlier this year.

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Effective 28 January 2019, employers in the United Kingdom will be able to rely on an online right-to-work check to prove the status of prospective employees.

The online Right to Work Checking Service was introduced in April 2018, but currently employers in the UK still need to request paper documents alongside using the service.

The changes will also make it simpler for UK nationals without British passports to demonstrate their citizenship by enabling them to use short birth or adoption certificates, which they can get for free, instead of the long versions.

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Effective 1 April 2019, the application and issuance/renewal fees will be significantly increased for the Employment Pass, S Pass, Work Permit and other passes administered by the Ministry of Manpower (MOM).

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As of 10 December 2018, the Kenyan government has issued a directive suspending the in-country issuance of work permits and visa extensions. Once implemented, applications for entry/work permits must be submitted while the foreign national is outside Kenya. Upon the expiry of a permit or pass, the foreign national will be required to leave the country until the permit or pass is renewed and issued.

[UPDATE] As of 14 January 2019, this directive has not yet been implemented. However, increased scrutiny is being given to all applications with more stringent vetting of approvals for permits and passes. Approvals will only be given for positions where it is clearly demonstrated that there is no local skill-set available or that the sponsoring entity has taken genuine steps to train Kenyan understudies.

Tier 1 (Investor)

On 6 December 2018, various press outlets reported, based on an unpublished government press release, that the Home Office had suspended the Tier 1 (Investor) route until further notice.

However, on 11 December 2018 a Home Office spokesperson commented:

“The Tier 1 (Investor) visa is not currently suspended. However, the Government remains committed to reforming the route. A further announcement will be made in due course. Any suspension would be implemented through changes to the Immigration Rules.”

Statement of Changes

The Home Office has published its latest Statement of Changes to the Immigration Rules, announced on 6 December 2018.

The new Statement of Changes does not include most of the reforms to Tier 1 outlined in that announcement.